Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Instructor’s Resource Manual with Test Bank
Chapter 4 Test Bank
The General Principles of Criminal Liability: Mens rea, Concurrence, Causation,
and Ignorance and Mistake
MULTIPLE CHOICE
1. Which of the following is not a type of culpability in the Model Penal Code?
a.
purpose
b.
knowledge
c.
negligence
d.
willfulness
2. The mental element of a crime is called the
a.
mens rea.
b.
harm.
c.
actus reus.
d.
concurrence.
3. In the absence of a confession, intent must generally be proven by _____ evidence.
a.
peremptory
b.
exclusive
c.
referential
d.
circumstantial
4. General intent is the intent to
a.
commit a criminal act.
b.
cause harm.
c.
make the act cause the harm.
d.
have the mens rea.
5. Proximate cause is a subjective question of fairness that appeals to the jury’s sense of
a.
justice.
b.
duty.
c.
fairness.
d.
guilt.
Chapter 4: The General Principles of Criminal Liability: Mens Rea,
Concurrence, Causation, and Ignorance and Mistake
6. Another term for criminal act is
a.
mens rea.
b.
actus reus.
c.
de novo.
d.
pro bono.
7. In strict liability cases, the prosecution has to prove only that defendants committed a
a.
voluntary act that caused harm.
b.
voluntary civil act that caused harm.
c.
voluntary criminal act that caused harm.
d.
voluntary mistake that caused harm.
8. Mistake is a defense whenever the mistake prevents the formation of any fault-based
a.
prejudice.
b.
hate.
c.
animus.
d.
mens rea.
9. The objective determination that the defendant’s act triggered a chain of events that
ended as the bad result is called the
a.
cause in fact.
b.
negligent cause.
c.
negligent cause.
d.
subsequent cause.
10. Fault that requires a “bad mind” in the actor is called
a.
objective fault.
b.
subjective fault.
c.
no fault.
d.
concurrent fault.
11. The cause that either interrupts a chain of events or substantially contributes to a result
is called the
a.
proximate cause.
b.
real cause.
c.
intervening cause.
d.
select cause.
Instructor’s Resource Manual with Test Bank
12. What is the only direct evidence of a defendant’s mens rea?
a.
a confession
b.
a motive
c.
a signed statement
d.
a polygraph examination
13. In the Model Penal Code, the most blameworthy state of mind is
a.
recklessly.
b.
purposely.
c.
negligently.
d.
knowingly.
14. What is the default degree of culpability where codes fail to identify a level of
culpability?
a.
negligence
b.
recklessness
c.
awareness
d.
complicity
15. Conscious risk creation is called
a.
knowledge.
b.
negligence.
c.
contumacy.
d.
recklessness.
16. Intent to commit a criminal act as defined in a statute is known as
a.
general intent.
b.
personal intent.
c.
blameless intent.
d.
negligent intent.
17. Liability without fault, or in the absence of mens rea, is called
a.
strict liability.
b.
harm causation.
c.
offending behavior.
d.
wanton liability.
Chapter 4: The General Principles of Criminal Liability: Mens Rea,
Concurrence, Causation, and Ignorance and Mistake
18. Which of the following forms of intent is both objective and subjective?
a.
negligent
b.
reckless
c.
knowing
d.
purpose
19. Factual cause is also known as which of the following?
a.
“but for” cause
b.
legal cause
c.
proximate cause
d.
intervening cause
20. What kind of cause occurs after the defendant’s act and before the harm?
a.
intervening cause
b.
concurrent cause
c.
consecutive cause
d.
contingent cause
21. What are the names of the two kinds of cause required to prove causation in “bad
result” crimes?
a.
factual cause and legal cause
b.
legal cause and proximate cause
c.
factual and “but for” cause
d.
legal cause and negligent cause
22. Failure-of-proof defenses are also known as
a.
mistakes.
b.
liabilities.
c.
legalities.
d.
hate crimes.
23. Which kind of fault requires no purposeful or conscious bad mind in the actor?
a.
objective fault
b.
subjective fault
c.
no fault
d.
concurrent fault
Instructor’s Resource Manual with Test Bank
24. Criminal liability without subjective or objective fault is also called
a.
strict liability.
b.
harm causation.
c.
offending behavior.
d.
wanton liability.
25. Which of the following cases adopted and applied the general intent plus definition?
a.
Harris v. State (1999)
b.
State v. Stark (1992)
c.
Haupt v. U.S. (1947)
d.
State v. Jantzi (1982)
26. Which of the following cases involves the mental state “purposely?”
a.
Harris v. State (1999)
b.
State v. Stark (1992)
c.
Haupt v. U.S. (1947)
d.
State v. Jantzi (1982)
27. Which of the following cases involves the mental state “knowingly?”
a.
Harris v. State (1999)
b.
State v. Stark (1992)
c.
Haupt v. U.S. (1947)
d.
State v. Jantzi (1982)
28. Which of the following statements is true regarding recklessness and negligence?
a.
recklessness is about consciously creating risks; negligence is about unconsciously
creating risks
b.
recklessness is about unconsciously creating risks; negligence is about consciously
creating risks
c.
recklessness and negligence are both about consciously creating risks
d.
recklessness and negligence are both about unconsciously creating risks
29. The most common definition of specific intent is
a.
general intent plus.
b.
general intent.
c.
subjective intent.
d.
subjective intent plus.
Chapter 4: The General Principles of Criminal Liability: Mens Rea,
Concurrence, Causation, and Ignorance and Mistake
30. According to the Model Penal Code, what is the most blameworthy mental state?
a.
purposely
b.
knowingly
c.
recklessly
d.
negligently
31. What is the only crime defined in the U.S. Constitution?
a.
murder
b.
rape
c.
treason
d.
forgery
32. The conscious creation of substantial and unjustifiable risks is the definition of
a.
liability.
b.
negligence.
c.
recklessness.
d.
reasonableness.
33. The test for negligence is
a.
totally objective.
b.
totally subjective.
c.
totally conscious.
d.
totally negligent.
34. The penalty for strict liability crimes generally is
a.
very serious, because they are strict crimes.
b.
10-15 years incarceration.
c.
mild, often with fines and no jail or prison time.
d.
equivalent to a first degree felony.
35. Ignorance of facts and law create a reasonable doubt that the prosecution
has proved the element of criminal intent.
a.
can
b.
cannot
c.
always
d.
never
Instructor’s Resource Manual with Test Bank
TRUE/FALSE
1. In the absence of a confession, mens rea is usually proven by circumstantial evidence.
a. true
b. false
2. All courts define general intent as the intent to commit the criminal act.
a. true
b. false
3. The element of causation applies only to “bad result” crimes.
a. true
b. false
4. Mistakes sometimes are called a failure-of-proof defense.
a. true
b. false
5. Mens rea translated means “evil state of mind.”
a. true
b. false
6. Different levels of blameworthiness are indicated by different types of intent.
a. true
b. false
7. General intent is used most commonly to mean the intent to commit the criminal act as
defined in a statute.
a. true
b. false
Chapter 4: The General Principles of Criminal Liability: Mens Rea,
Concurrence, Causation, and Ignorance and Mistake
8. The four levels of culpability or intent in the Model Penal Code are purposely,
knowingly, recklessly, and negligently.
a. true
b. false
9. Recklessness requires awareness of substantial and unjustifiable risks.
a. true
b. false
10. Negligence has both an objective and subjective component.
a. true
b. false
11. Strict liability crimes have no actus reus element.
a. true
b. false
12. In strict liability crimes, accidental injury can be criminal.
a. true
b. false
13. Proving criminal causation requires proving both factual and legal cause.
a. true
b. false
14. Intervening causes can be proximate causes.
a. true
b. false
Instructor’s Resource Manual with Test Bank
15. A criminal act is enough for criminal liability for most serious crimes.
a. true
b. false
16. The most blameworthy state of mind in the Model Penal Code is purpose.
a. true
b. false
17. Negligence involves conscious risk creation.
a. true
b. false
18. Criminal liability is sometimes imposed without fault.
a. true
b. false
19. Negligence is a totally objective standard.
a. true
b. false
20. Ignorance of facts and law can create a reasonable doubt that the prosecution has
proved the element of criminal intent.
a. true
b. false
Chapter 4: The General Principles of Criminal Liability: Mens Rea,
Concurrence, Causation, and Ignorance and Mistake
COMPLETION
1. Concurrence is an element in all where the mental attitude is formed with
purpose, knowledge, recklessness, or negligence.
2. Recklessness involves conscious _______________ creation.
3. Culpability is also known as .
4. The mental element of the crime is called the _______________ rea.
5. Legal cause consists of the judgment that it’s fair and just to blame
the defendant for the bad result.
6. A crime without an intent element is called a strict_______________ crime.
7. Legal cause is also referred to as _______________ cause.
Instructor’s Resource Manual with Test Bank
8. _______________ evidence proves a fact indirectly or by inference.
9. Most serious crimes require criminal and a criminal act.
10. There are differences in culpability among the Model Penal Code’s (MPC) four mental
states—purposely, , recklessly, and negligently.
ESSAY
1. Discuss what is required for mistake to be a defense. How does this relate to the types
of culpability in the Model Penal Code? Be sure to discuss the debate over whether to
call mistakes a defense.
Chapter 4: The General Principles of Criminal Liability: Mens Rea,
Concurrence, Causation, and Ignorance and Mistake
2. What are the four types of culpability in the Model Penal Code? Be sure to provide
examples. What are the levels of culpability of each relative to the other?
3. What are strict liability crimes? Provide an example. What are some of the arguments
for and against such crimes? Do you think there should or should not be strict liability
crimes? Explain your position.
4. What does the prosecution have to prove with regard to causation to get a conviction?
What are intervening causes and how do they affect a defendant’s responsibility? Be
sure to provide examples.
Instructor’s Resource Manual with Test Bank
5. Compare and contrast general and specific intent. How are general and specific intent
similar? How are they different? Be sure to provide examples.
